Procedure of Claim of Patrimonial Responsibility
Description
Web form for you to send your claims of patrimonial responsibility of the Administration within the scope of the competences of this Ministry of Inclusion, Social Security and Migration, in accordance with article 32 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector.
You can use this form to submit, where appropriate, the application for reconsideration and the extraordinary application for review that, in accordance with Article 123 and Article 125 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, respectively, are filed against the resolutions issued in the procedures of claim of patrimonial responsibility of the Ministry of Inclusion, Social Security and Migration.
You will also be able to provide, through this form, documentation related to the claims of patrimonial responsibility and the reinstatement or extraordinary review resources.
General Information
Article 32.1 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, establishes that individuals have the right to be compensated by the corresponding Public Administrations, for any injury they suffer in any of their goods and rights, provided that the injury is a consequence of the normal or abnormal functioning of public services except in cases of force majeure or damages that the individual has the legal duty to endure in accordance with the Law.
Article 67.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations provides that interested parties may only request the initiation of a patrimonial liability procedure, when their right to claim has not been prescribed. The right to claim shall, within one year of the occurrence of the act or act giving rise to the compensation or manifesting its harmful effect. In case of physical or psychological damage to people, the term will begin to be computed from the healing or the determination of the extent of the sequelae.
Article 67.2 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, establishes that the request made by the interested parties must specify the injuries produced, the alleged causal relationship between them and the operation of the public service, the economic evaluation of patrimonial responsibility, if possible, and the moment in which the injury actually occurred, and will be accompanied by any pleas, documents and information deemed appropriate and the proposal of proof, specifying the means that the claimant intends to use.
Deadline for reply
The maximum period for resolving and notifying the resolution will be six months from the date of entry into the Registry of the Department, in accordance with article 91.3 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, without prejudice to the suspensions that would occur in the cases provided for in article 22, in relation to article 81 of said rule. Once this period has elapsed without an express resolution, he/she will be able to understand, if it suits his/her interests, that the resolution is contrary to his/her claims and consider open the Contentious-Administrative way.
Contact with us
For questions about the procedure contact the Procedure Management Unit:
Email: sgjuridica@inclusion.gob.es
Web form for you to send your claims of patrimonial responsibility of the Administration within the scope of the competences of this Ministry of Inclusion, Social Security and Migration, in accordance with article 32 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector.
You can use this form to submit, where appropriate, the application for reconsideration and the extraordinary application for review that, in accordance with Article 123 and Article 125 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, respectively, are filed against the resolutions issued in the procedures of claim of patrimonial responsibility of the Ministry of Inclusion, Social Security and Migration.
You will also be able to provide, through this form, documentation related to the claims of patrimonial responsibility and the reinstatement or extraordinary review resources.
General Information
Article 32.1 of Law 40/2015, of 1 October, on the Legal Regime of the Public Sector, establishes that individuals have the right to be compensated by the corresponding Public Administrations, for any injury they suffer in any of their goods and rights, provided that the injury is a consequence of the normal or abnormal functioning of public services except in cases of force majeure or damages that the individual has the legal duty to endure in accordance with the Law.
Article 67.1 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations provides that interested parties may only request the initiation of a patrimonial liability procedure, when their right to claim has not been prescribed. The right to claim shall, within one year of the occurrence of the act or act giving rise to the compensation or manifesting its harmful effect. In case of physical or psychological damage to people, the term will begin to be computed from the healing or the determination of the extent of the sequelae.
Article 67.2 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, establishes that the request made by the interested parties must specify the injuries produced, the alleged causal relationship between them and the operation of the public service, the economic evaluation of patrimonial responsibility, if possible, and the moment in which the injury actually occurred, and will be accompanied by any pleas, documents and information deemed appropriate and the proposal of proof, specifying the means that the claimant intends to use.
Deadline for reply
The maximum period for resolving and notifying the resolution will be six months from the date of entry into the Registry of the Department, in accordance with article 91.3 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, without prejudice to the suspensions that would occur in the cases provided for in article 22, in relation to article 81 of said rule. Once this period has elapsed without an express resolution, he/she will be able to understand, if it suits his/her interests, that the resolution is contrary to his/her claims and consider open the Contentious-Administrative way.
Contact with us
For questions about the procedure contact the Procedure Management Unit:
Email: sgjuridica@inclusion.gob.es
Application
- Via telemática (with DNIe, electronic certificate or Cl@ve):
You can submit the claim electronically by completing the web form accessed from the link above. You will be required to identify and digitally sign your content in accordance with the established requirements for access to the Electronic Registry.
According to article 14 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, natural persons may choose at any time whether to communicate with the Public Administrations for the exercise of their rights and obligations through electronic means or not, unless they are obliged to relate through electronic means with the Public Administrations. The means chosen by the person to communicate with the Public Administrations may be modified by that person at any time.
In any case, they will be obliged to interact through electronic means with the Public Administrations for the completion of any administrative procedure, at least, the following subjects:
- The legal persons.
- Entities without legal personality.
- Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the Public Administrations in the exercise of that professional activity. In any case, within this collective will be understood as including notaries and registrars of the property and mercantiles.
- Those who represent an interested party who is obliged to interact electronically with the Administration.
- The employees of the Public Administrations for the procedures and actions they carry out with them by reason of their status as a public employee, in the manner in which it is determined by regulations of each Administration.
- Face-to-face or by postal mail (without DNIe, electronic certificate or Cl@ve):
In the case of not having electronic means, making a letter signed by the interested party, stating the object of their claim, where their name and surname will be recorded, telephone, address, and, where appropriate, electronic address to send their reply, if indicated.
The document of claim of patrimonial responsibility can be presented in the registers and offices contemplated in article 16.4 of Law 39/2015, of 1 October.
- Via telemática (with DNIe, electronic certificate or Cl@ve):
You can submit the claim electronically by completing the web form accessed from the link above. You will be required to identify and digitally sign your content in accordance with the established requirements for access to the Electronic Registry.
According to article 14 of Law 39/2015, of 1 October, on the Common Administrative Procedure of Public Administrations, natural persons may choose at any time whether to communicate with the Public Administrations for the exercise of their rights and obligations through electronic means or not, unless they are obliged to relate through electronic means with the Public Administrations. The means chosen by the person to communicate with the Public Administrations may be modified by that person at any time.
In any case, they will be obliged to interact through electronic means with the Public Administrations for the completion of any administrative procedure, at least, the following subjects:
- The legal persons.
- Entities without legal personality.
- Those who carry out a professional activity for which compulsory membership is required, for the procedures and actions they carry out with the Public Administrations in the exercise of that professional activity. In any case, within this collective will be understood as including notaries and registrars of the property and mercantiles.
- Those who represent an interested party who is obliged to interact electronically with the Administration.
- The employees of the Public Administrations for the procedures and actions they carry out with them by reason of their status as a public employee, in the manner in which it is determined by regulations of each Administration.
- Face-to-face or by postal mail (without DNIe, electronic certificate or Cl@ve):
In the case of not having electronic means, making a letter signed by the interested party, stating the object of their claim, where their name and surname will be recorded, telephone, address, and, where appropriate, electronic address to send their reply, if indicated.
The document of claim of patrimonial responsibility can be presented in the registers and offices contemplated in article 16.4 of Law 39/2015, of 1 October.
Access type
